ODR, electronic medical records and health care

Posted in Uncategorized by coda on October 27, 2009

Rainey is starting a new discussion on this highly topical subject:

Why dispute resolution? Oddly enough (at least oddly from my perspective) that question was asked by the medical participants and the IT participants at a workshop jointly hosted by the National Science Foundation, the National Center for Technology and Dispute Resolution, and the National Mediation Board. I thought it was pretty self-evident that putting medical records into electronic files and online would generate a bumper crop of disputes, but the EMR and IT worlds seemed to be focused more tightly on issues like inter-operability and not on the interaction that will be created by putting records online. By the time the workshop was over, it was clear to everyone that EMR will create disputes, but it was not clear that dispute resolution was the approach of choice for dealing with the disputes. On the most basic level, the medical community pointed out that errors in records do not generate disputes that can be resolved in the traditional sense, because there are restrictions on what kind of steps can be taken to “remedy” the errors.
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